IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170006479 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 27 October 1979, by adding the statement "PERIOD OF DEP 19751022–19751027" to item 18 (Remarks). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show an earlier date entered active duty this period or to show his DEP commenced in February 1975. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170006479 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170006479 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 27 October 1979, to show his date of entry on active duty as the day he enlisted under the Delayed Entry Program (DEP). 2. The applicant states he talked to a recruiter in October 1974. In February 1975, he enlisted under the DEP to receive Vietnam Era Veterans Benefits. Because he had to finish high school, he entered active duty on 22 October 1975. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214 for the period ending 27 October 1979 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) * DA Form 2-1 (Personnel Qualification Record – Part II) REFERENCES: 1. Title 10, U.S. Code (USC), Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. The statutory military service obligation (MSO) incurred by a Soldier on initial enlistment starts on the date of initial enlistment in the Regular Army, Army National Guard, or the U.S. Army Reserve to include enlistment under the DEP. b. DEP time is creditable service for completing the statutory MSO, and should be entered in block 18. For a Soldier who has DEP time, enter at BLOCK 18 – "PERIOD OF DEP (inclusive periods of DEP time)." DISCUSSION: 1. While the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the U.S. Army Reserve on 22 October 1975, under the DEP with a 6-year MSO. 3. The applicant enlisted in the Regular Army on 28 October 1975, with a 4-year active duty obligation. The DD Form 4 does not show his brief period of inactive service. 4. The applicant's DA Form 2-1 shows he served in the DEP for 6 days. 5. The applicant was released from active duty on 27 October 1979. His DD Form 214 shows: * active duty from 28 October 1975 through 27 October 1979 * 6 days of prior inactive service * a MSO of 28 October 1981 * block 18 (Remarks) does not include a notation of his period of DEP 6. The available records contain no evidence of an enlistment under DEP in February 1975 or that he entered active duty on 22 October 1975. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006479 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2